SECTION 8. OTHER REQUIREMENTS

.01 Signature . Each submission under sections 6 and 7 of this notice must be signed and dated by the taxpayer. A stamped signature or faxed signature is not permitted.

.02 Penalties of Perjury Statement . (1) Each submission under sections 6 and 7 of this notice must be accompanied by the following declaration: “Under penalties of perjury, I declare that I have

interest must execute a new agreement with the Service no later than the due date (including extensions) of the successor in interest’s Federal income tax return for the taxable year in which the transfer occurs. If the successor in interest does not execute a new agreement, the following rules apply:

(a) In the case of an interest acquired at or before the time the qualifying advanced energy project is placed in service, any credit allocated to the project will be fully forfeited (and rules similar to the recapture rules of § 50(a) apply with respect to qualified progress expenditures); and

(b) In the case of an interest acquired after the qualifying advanced energy project is placed in service, the project ceases to be investment credit property and the recapture rules of § 50(a) (and similar rules with respect to qualified progress expenditures) apply.

.03 For qualifying advanced energy projects that re-equip or expand a manufacturing facility, the taxpayer’s qualified investment is limited to property that re-equips or expands the facility to produce specified advanced energy property listed in section 4.02 of this notice.

.04 The qualifying advanced energy project credit will not be allocated to a project with respect to any qualified investment for which a credit is allowed under § 48, 48A, or 48B, or for which a payment is received under §1603 of the American Recovery and Reinvestment Tax Act of 2009, Division B of Pub. L. 111–5, 123 Stat 115.